Justice Yashwant Varma Case: Supreme Court Hearing- Live Updates

Sibal: 141 power cant be used like that

J Datta: no, it is the procedure that in such cases, the inhouse procedure has to be followed. Is it not law in case of vacuum? when POSH was enacted between Vishakha, was it not law?

J Datta: this is 141 permitting inhouse procedure in 1999 for the purpose of finding out what action can be taken in certain circumstances

Sibal: it is to fill the yawning gap

J Datta: the yawning gap is CJI is not a postoffice, if on misbehaviour it is found that the demeanor is so serious the CJI can. We would have kept mum and declared judgment but that would not be fair

Sibal: Ravichandran I have placed

J Datta: in Ravichandran, the court said despite the judge of Bombay HC had demitted office. It was not done because there was an absence of legal sanction.

Para read by Sibal

Sibal: this is administrative procedure; give me a day I will research

J Masih: the judgment is still there- Ravinchandran Iyar

Sibal: reading 3(2) of Judges Protection Act- this power is with Central or State government. Can central gov dismiss a judge?

J Datta: no, it has to be under a law if central government is empowered then they would. let's leave central or state gov

Sibal: you cant tell me to not read when we are interpretating the law

J Datta: if there is a law and if it violates Article 124, we would test it

J Datta: we would have expected if we put question on removal, you would have referred to the judges protection act

Sibal: i am not saying no,

J Datta: we are not pinning down as to why you come late, as per 3.2, you know the answer about CJI recommendation

Sibal: tapes were released

J Datta: according to you, the part you are challenging, you could have challenged earlier. Are you saying the inhouse committing recommending the removal is outside the jurisdiciton of constitutional court?

Sibal: how could I have come? I dont know what the committee will hold

J Datta: allegation against addtional judge, in house procedure kicks in and there are evidence and committee sasy there are evidence

Sibal: and he's not confirmed

J Datta: yes, the [in house] can be put in use. If judges are given such power that they cant be dragged in courts...

Sibal: let's take criminal, sanction will have to be given

J Datta: if somebody proposes to register FIR against judge, he has to approach the Supreme Court

Sibal: let's take departmental

J Datta: that can't be there and then otherwise means non-punitive. Inhouse procedure is put in place by judgments and its the law of the land.

J Datta: "cant be questioned in any court of law". Why is inhouse procedure cant be recommended otherwise?

Sibal: once you recommend removal

J Datta: if we were to say, Iyer, Indira Jaising and X is correctly decided, that's the end of the matter. You have to accept the ruling unless you file review. This gives the power to SC to take action by way of civil, criminal and departmental. How do you get over 3(2)?

J Datta: let's see Judges Protection Act. You are included within definition of judge. Read 3(1) and 3(2)